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(영문) 서울중앙지방법원 2018.01.11 2017고단7858
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal records] On February 17, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Gwangju District Court, and the period of parole on August 13, 2016 was expired on October 10, 2016.

[Criminal facts]

1. On February 28, 2017, the Defendant used a computer and other means: (a) entered 93,240 won in the victim’s credit card information (such as card information, password, validity period, etc.) from the Defendant’s mobile phone from the Defendant’s mobile phone at the time of the occurrence of the incident; and (b) paid 93,240 won in the victim’s credit card information (such as card information, password, validity period, etc.) acquired due to the occurrence of the event; (c) made the amount of the card deposited from the victim’s bank account from March 1, 2017; and (d) made the payment of KRW 2,072,00 in total by arbitrarily entering the victim’s and X’s credit card information from the victim’s bank account from March 1, 2017.

Accordingly, the defendant obtained financial benefits equivalent to the above amount by inputting information into a computer and other information processing device without authority.

2. No person in financial business specializing in credit finance shall possess other persons' credit card information detected by fraud or other improper means, or make a transaction by credit cards by using such information;

The Defendant used the victim’s credit card information (such as card numbers, passwords, effective period, etc.) of the victim W, which was acquired by an unsatisfying circumstance at the same time and place as Paragraph 1, and traded with the victim W by using the same information as described in Paragraph 1, and until March 1, 2017, the Defendant used the victim W and X’s credit card information to settle the total amount of KRW 2,072,00 in total over 30 times by using the victim W and the victim X’s credit card information.

Summary of Evidence

1. Statement by the defendant in court;

W. 1.W.

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